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THE CORPORATION OF THE
TOWN OF WASAGA BEACH
BY-LAW NO. 2013-59
A BY-LAW TO PROHIBIT HEAVY TRUCKS ON TOWN ROADS
WITHIN THE TOWN OF WASAGA BEACH
WHEREAS under Section 11 of the Municipal Act, 2001, as amended, a lower tier
municipality may pass by-laws respecting matters within the sphere of jurisdiction set out
therein;
AND WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25, Section 27 (1), as
amended, authorizes Municipalities to enact By-Laws respecting matters regarding
"highways, including parking and traffic on highways" it has jurisdiction over;
AND WHEREAS Section 30 of the Municipal Act 2001, S.O. 2001, c.25, states that a
highway is owned by the Municipality that has jurisdiction over it subject to any rights
reserved by a person who dedicated the highway or any interest in the land held by any other
person;
AND WHEREAS Section 35 of the Municipal Act 2001, S.O. 2001, c.25, states that a
Municipality may pass By-Laws removing or restricting the common law right of passage by
the public over a highway and the common law right of access to the highway by an owner of
land abutting a highway;
AND WHEREAS the Council of the Corporation of the Town of Wasaga Beach deems it
necessary to enact heavy truck restrictions on certain highways within the municipality;
NOW THEREFORE, the Council of the Corporation of the Town of Wasaga Beach
HEREBY ENACTS as follows:
1.
Definitions
In this By-Law:
a) "Director" shall mean the Director of Public Works of the Town of Wasaga Beach or
his designate.
b) "Heavy Truck" is defined as any commercial vehicle having a registered gross
weight greater than 4,500 kilograms, but does not include ambulances or fire trucks.
Page 2 of By-Law No. 2013-___
c) "Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or
used by the general public for the passage of vehicles and includes the area between
the lateral property lines thereof, which is owned by the Town of Wasaga Beach.
d) "Person" includes an individual and/or a Corporation.
e) "Sign" means a sign as described as "No Heavy Trucks", sign Rb-62 in the Ontario
Traffic Manual, pursuant to the Highway Traffic Act, R.R.O. 1990, and Regulation
615 - Signs, as amended.
2.
Prohibitions
Where signage has been erected and is on display, no person shall drive, move,
operate or park "Heavy Trucks" upon or over any of the highways or parts of
highways named or described in Schedule "A" of this By-Law and as set forth in
Column 1, between the sections identified in Column 2 and Column 3 of said
Schedule.
3.
Exemptions
The provisions of this Schedule shall not extend to the use of the said highway or
parts of highway for deliveries to or removals from any premise abutting thereon, to
emergency services vehicles, to public utility vehicles, or to waste management
vehicles while engaged in picking up waste and/or recycling from premises abutting
thereon.
The Town of Wasaga Beach, the County of Simcoe and their agents and Contractors
retained by the Town of Wasaga Beach are exempt from this By-Law.
4.
Enforcement
This By-Law may be enforced by an Ontario Provincial Police Officer, Ministry of
Transportation Officer or Municipal Enforcement Officer.
5.
Penalty Provisions
OFFENCES
5.1 Any person who fails to comply with any requirement or provisions of this By-Law or
causes any other person to fall to comply with any requirement or provision of this
By-law, is guilty of an offence and is subject to such fines and penalties authorized
pursuant to the Municipal Act, 2001 S.O. 2001, c.25, as amended.
Page 3 of By-Law No. 2013-____
5.2
Any director or officer of a corporation who knowingly concurs in the contravention
of any provisions of this By-law is guilty of an offence and is subject to such fines
and penalties authorized pursuant to the Municipal Act, 2001, S.O.2001,c.25 as
amended.
5.3
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this By-Law.
5.4 Any person who contravenes any section 2 shall, upon conviction, be liable to a
minimum fine of $300 dollars, to a maximum of $100,000 dollars, or as permitted by
the Act, for each contravention.
6.
Designated Authority
THAT the Director of Public Works and/or designate is hereby authorized to erect, or
cause to be erected, the necessary signs in accordance with the Highway Traffic Act.
7.
Citation
THAT this By-Law shall be cited as the "Heavy Truck Restriction By-Law".
8.
Effective Date
THAT this By-Law shall come into force and take effect on the date of its final
passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25th DAY
OF JUNE, 2013.
Original Signed by Mayor
Cal Patterson, Mayor
Original Signed by Clerk
Twyla Nicholson, Clerk
THE CORPORATION OF THE
TOWN OF WASAGA BEACH
BY-LAW NO. 2013-__
SCHEDULE "A" - HEAVY TRUCK RESTRICTION
COLUMN 1
COLUMN 2
COLUMN 3
HIGHWAY
FROM
TO
Ramblewood Drive
Lyons Court
45th Street South
Knox Road West
45th Street South
Sunnidale Road